Rishi Pal Mahasay vs Govt. of NCT of Delhi & Ors

This application seeks execution of order of this Tribunal dated 17.02.2021 in O.A. No. 38/2021, Rishi Pal Mahasay v. Govt. of NCT of Delhi. By the said order, the Tribunal dealt with the allegation of blocking of a drain in Fatehpur Beri, Delhi, by illegally dumping construction material by the farm houses in the area. The order is reproduced below:-

"1. Grievance in this application is against blocking of a drain in Fatehpur Beri, Delhi by illegally dumping construction material by the farm houses in the area. It is stated that the concerned authorities - South Delhi Municipal Corporation, Revenue Department, Delhi, Delhi Jal Board and Department of Environment have failed to take remedial action.

The application mentions that on 26.04.2019, the Flood and Irrigation Department directed the BDO, South Saket to demarcate the drain. The BDO, South, vide letter dated 04.06.2019 directed Tehsildar to do the needful. On 30.09.2019, the Department of Urban Development, NCT sought a report from the DJB, Irrigation and Flood Control Department and South Delhi Municipal Corporation. Vide letter dated 20.11.2019, SDM Mehrauli requested Deputy Commissioner, South Zone and Chief Commissioner, Irrigation and Flood Control Department to de-silt the drain. The SDM, Mehrauli directed Revenue Department staff to demarcate the drain on 18.11.2019. The applicant has also referred to a letter of Member Parliament to the Delhi Chief Minister and news report published in NDTV Channel on 09.09.2020. It is further stated that the issue was also raised in Parliament on 20.09.2020 by MP, South Delhi but remedial action is not taking place adversely affecting the environment and public health.

Though no one appears to press the application and issue being in the purview of the statutory authorities, requiring no adjudication, we dispose of the application with a direction to the Chief Secretary, Delhi, who is also heading the Integrated Drain Management Committee (IDMC), to look into the matter and take such remedial action as may be found necessary in accordance with law."

In the present application, it is stated that no action is being taken in pursuance of the order of this Tribunal which amounts to an offence under Section 26 read with Section 28 of the NGT Act. It is also stated that the order of this Tribunal is executable as decree of Civil Court by this Tribunal or the Civil Court.

None appears for the applicant to press the application. Even when the main order was passed, none appeared, as shown by the said order. Thus, the applicant does not appear to be serious to pursue the matter. We have duly considered the matter. As regards prayer for action against alleged offences under Sections 26/28 of the NGT Act, the forum for trial thereof same is under Section 30 of the Act, before the jurisdictional Magistrate. The said prayer cannot be gone into by the Tribunal. As regards execution, having regard to the nature of the issue, we consider it appropriate to transfer the matter to the concerned Civil Court under Section 25(2) of the NGT Act.

The Registry may forward a copy of this order and the order dated 17.02.2021 in O.A. No. 38/2021, Rishi Pal Mahasay v. Govt. of NCT of Delhi to the District Judge Delhi, for being assigned to the concerned jurisdictional Court, for execution.

The application is disposed of.